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The application site comprises of area of land, measuring approximately 0.96 of a hectare in area, that is understood to be a former quarry located adjacent to Barroose Farm, Lonan. The application site currently contains a number of agricultural type buildings.
The proposed development comprises of the erection of a dwelling on the application site along with associated wind turbine, solar panels and landscaping.
The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application.
Planning application 05/01603/B sought approval in principle for the erection of a two storey detached dwelling to replace existing redundant agricultural storage sheds. This previous planning application was initially considered and refused on the 7th October 2005, with the initial refusal decision notice issued on the 17th October 2005. The refusal was confirmed by the Planning Committee at review on the 2nd December 2005, with the review refusal decision notice issued on the 9th December 2005. A subsequent appeal against the refusal was upheld by the Minister, contrary to the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 13th June 2006. Copies of the initial, review and appeal decisions of this previous planning application have been placed on the file for this current planning application.
Lonan Parish Commissioners recommend that the planning application be approved.
The Isle of Man Fire and Rescue Service recommend refusal of the planning application on the grounds that the means of escape in the event of fire are considered unsafe.
The Manx Electricity Authority request that an informative note be attached to any approval decision notice.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and Environment express an interest in the planning application. Whilst stating support for green initiatives they highlight issues regarding the stance of the Manx Electricity Authority in respect of surplus electricity. They believe that the proposed dwelling will not be conspicuous.
The owners and/or occupants of Barroose House, which neighbours the application site, express an interest in the planning application and highlight some concerns regarding the proposed development. Their concerns relate to the height of the dwelling in relation to their property, the gradient of the driveway and the safety of the dwelling's roof.
The owner and/or occupant of Seacliffe, which is located in Braddan, express support for the development proposed by the planning application.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains several policies that are material to the assessment of the planning application. Of those the following policies are considered to be specifically relevant:
Strategic Policy 5, which relates to the impact of individual buildings, states:
"New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
General Policy 3, which relates to development outside of areas zoned for development, states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Housing Policy 4, which relates to the general policy on the location of new housing, states:
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
Housing Policy 14, which relates to the design of new dwellings in the countryside, states:
"Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area, which is not more
than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building.
Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."
Energy Policy 4, which relates energy efficiency, states:
"Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA."
In terms of local plan policy, under the Laxey and Lonan Area Plan Order 2005 the application site is located within a wider area of land that is designated as open space/agricultural use but is not designated for any site specific purpose. There are two policies within plan that are considered material to the assessment of the planning application:
Policy L/RES/PR/1, which relates to residential development within the plan area, states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Policy L/OSNC/PR/1, which relates to open space within the plan area, states:
"There will be a general presumption against development in areas designated as open space or open space for particular purpose."
The assessment of the development proposed by the planning application is not straightforward and requires careful consideration. In simple terms it can be seen that the erection of a dwelling on the application site is contrary to general and local plan policy. However the application site has an extant approval in principle for the erection of a dwelling that has to be taken into account. That approval in principle was granted by the then Minister on the grounds that:
a) the agricultural buildings contained within the site are extensive and of generally poor quality that make a negative visual impact on the immediate environment and landscape; b) the nature of the site, being an old quarry, is not readily usable for agriculture and is also generally capable of accommodating a screened development; c) the site represents an opportunity to build a low-impact eco-friendly dwelling that would be supported by the Isle of Man Strategic Plan 2007; and d) the site is adjacent to two existing dwellings so can be readily supplied with normal services
The first part of the assessment of the planning application has to be the issue of principle, which is essentially a consideration of whether planning policy or the extant planning approval carries more weight. On the basis that the relevant planning policy is not site specific and that the extant planning approval is it is concluded that the extant planning approval outweighs the planning policy. Although this current planning application is not the reserved matters for the approval in principle (for reasons explained later in this report) it stands that there is approval in principle for the erection of a dwelling on the application site. The principle of residential development of the application site is established and is therefore acceptable. It remains necessary to assess the specific detail of the proposed dwelling.
In terms of the specific detail of the proposed dwelling it is immediately evident that the proposed building is non-traditional in design. Indeed, it has been designed to take account of a substantial level of energy efficient measures that are incorporated into the dwelling that have lead on from the conditions of the approval in principle and result in a dwelling that is clearly non-traditional in form. This is the primary reason why this current planning application is not for reserved matters, as a condition of the approval in principle required a dwelling that accorded with policies 1-7 inclusive of Planning Circular 3/91. In retrospect that condition was probably overly restrictive as there are inherent problems in attempting to make a traditional design of dwelling truly energy efficient.
The planning application submission contains a detailed environmental statement that explains the energy efficiency and environmental measures contained within the proposed dwelling. The main, although not all, aspects of this are:
i) the general building design and choice of materials; ii) the dwelling being orientated to take account passive solar gain and seasonal change; iii) the use of geothermal heat source to provide approximately 75% of the dwelling’s annual space heating demand; iv) the use of solar water heating to provide approximately 700kWh per annum of domestic hot water; v) the use of a wind turbine to provide approximately 6000kWh per annum of electricity, which should include an element of export from the site; and vi) the reduction of water usage through rainwater recovery and effective appliance selection.
The design of the dwelling is unashamedly modern, which reflects the technology and approach being taken. Whilst not a replacement dwelling the proposed dwelling encompasses some of the aspirations of Housing Policy 14 of the Isle of Man Strategic Plan 2007, as it is an innovative high quality modern design. It has the potential to be held as an exemplar of energy efficient environmentally friendly housing. The dwelling is set into the contours of the site and has a resultant sedum grass “green roof”. Taking this into account along with the general landscaping proposed and the surrounding area the visual impact of the proposed dwelling is acceptable. Whilst there will be an inevitable impact on the neighbouring property it is considered that the distances between the dwellings are more than adequate to suitably limit any such impact to an acceptable level.
Although Energy Policy 4 of the Isle of Man Strategic Plan 2007 requires the submission of an Environmental Impact Assessment for installations involving wind power the explanatory paragraph, 12.2.8, for the policy states that planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The proposal is more than adequately explained by the environmental statement that has been submitted as part of the planning application. Whilst the proposed wind turbine and free-standing solar panels are described within this environmental statement and are not felt to be contentious it is appropriate to require details of these to be submitted for agreed by the Planning Authority prior to the commencement of development. Similarly, given the scale of the proposed development it is appropriate to require the submission of a landscaping scheme prior to the commencement of development.
In terms of other issues raised by representations to the planning application is should be noted that domestic scale fire precaution measures are covered by Building Regulations and are not a material planning consideration. The suggestion that the gradient of the driveways is approximately 1:7 is evidently incorrect, as can be seen by an examination of the levels shown on drawing no. KO56/P/10-02. In respect of the safety of the roof and the possible need for fencing it is concluded that these are not planning considerations
In conclusion, having had regard to the above it is considered that the proposed development is acceptable and it is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 18.09.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s K056/P/10-01, K056/P/10-02, K056/P/10-03, K056/P/10-04 and K056/P/12-01 date stamped the 4th May 2007.
C 3. Prior to the commencement of development all existing buildings contained within the application site must be taken down and removed from the site in their entirety.
C 4. Prior to the commencement of development details of the wind turbine and free-standing solar panels must be submitted to and agreed by the Planning Authority.
C 5. Prior to the commencement of development a scheme of landscaping that includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction must be submitted to and agreed with the Planning Authority. Such scheme must include a plan that indicates the location of and allocates a unique reference number to each existing tree to be retained on the site which has a stem with a diameter, measured over the bark at a point 1.52m above ground level, exceeding 79mm. Prior to the commencement of any works relating to the agreed scheme, each tree must be clearly marked with its unique reference number. All planting, seeding or turfing comprised in the agreed scheme must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
N 1. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures.
N 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
N 3. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
Decision Made : ... Committee Meeting Date : ...
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